09/06/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 6, 2011
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, September 6, 2011 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present
were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Director
of Public Works Colbert, Communications Director Garrison and Director of Parks and Recreation Johnson.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
City Administrator Hedges noted a Closed Session would be needed to discuss labor negotiations.
RECOGNITIONS AND PRESENTATIONS
DESIGNATION OF EAGAN AS A YELLOW RIBBON CITY BY THE MINNESOTA NATIONAL GUARD
David Denton of the Minnesota National Guards presented a Proclamation to the City Council honoring Eagan as a
Yellow Ribbon City.
Tom Mullon, Eagan American Legion Commander, invited all to the 9/11 recognition at the Hero's Memorial Tribute at
Central Park.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda, with item
X. pulled for separate consideration. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the August 16, 2011 regular City Council meeting and August 15,
2011 Special City Council meeting as presented
B. Personnel Items:
1. It was recommended to approve Separation Agreement with Mira Broyles, Administrative Secretary/Deputy
City Clerk
2. It was recommended to approve reclassification of Mary O'Brien, Clerical Tech 4 from Level 5 to Level 7,
Administrative Secretary
3. It was recommended to approve reclassification of Christina Scipioni, City Clerk from Level 9 to Level 10
4. It was recommended to officially designate Assistant City Administrator Dianne Miller as Deputy City Clerk
5. It was recommended to acknowledge resignation of Jordan Hirman, Campus Facilities Manager on Duty
6. It was recommended to approve hiring of FT Videographer /Editor for E -TV
7. It was recommended to approve hiring of Seasonal/Part-Time employees in Parks & Recreation & E -TV
C. It was recommended to approve the Check Registers dated Augustl 1, 2011, August 18, 2011 and August 25,
2011
D. It was recommended to adopt a Resolution stating the City of Eagan's ongoing support and intent to utilize
Complete Street Principles in Transportation Planning and Community Design
E. It was recommended to approve the City of Eagan Environmentally Preferable Purchasing Guidelines
F. It was recommended to approve the 2011 -2012 Value Statements and Goals for the Energy and Environment
Advisory Commission
G. It was recommended to approve Change Orders for Fire Safety Center
H. It was recommended to approve a Resolution for the cooperative purchase of election equipment in 2013
I. It was recommended to approve a Tree Maintenance Contractor License for Greenwaldt Tree Service
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September 6, 2011
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J. It was recommended to approve an Off -Sale Liquor License for BK Discount Liquor, LLC DBA BK Discount
Liquor, 1629 Lena Court
K. It was recommended to approve the Police Liaison Agreement between the City of Eagan and ISD 196
L. It was recommended to direct preparation of Ordinance Amendment — Dog Regulation
M. It was recommended to approve the revised CRFS Agreement with Xcel Energy regarding Cedar Grove
Boulevard Project
N. It was recommended to approve the Dark Fiber License Agreement between the City and the MVTA
O. It was recommended to award contract contractual snow and ice control services
P. It was recommended to approve final payment for Contract 09 -13, Duckwood Drive Extension Street & Utility
Improvements
Q. It was recommended to receive Final Assessment Report for Project No. 1039 (Wilderness Ponds — Street
Overlay) and schedule Public Hearing (October 4, 2011)
R. It was recommended to receive Final Assessment Report for Project No. 1044 (Clearview Addition — Street
Overlay) and schedule Public Hearing (October 4, 2011)
S. It was recommended to receive Final Assessment Report for Project No. 1045 (Galaxie/ Cliff— Plaza Drive —
Street Overlay) and Schedule Public Hearing (October 4, 2011)
T. It was recommended to receive Final Assessment Report for Project No. 1048 (Blue Cross Road — Street
Improvements) and Schedule Public Hearing (October 4, 2011)
U. It was recommended to approve final payment for Contract 11 -01, City-Wide Street Overlays (Street
Improvements)
V. It was recommended to authorize preparation of Feasibility Report for Project 1083 (Beacon Hills Road — Storm
Sewer Improvements) by SHE
W. It was recommended to approve writer for Eagan History Book Project and authorize preparation of Legacy
Grant Application
X. Pulled for separate consideration
Item X. Open Space Plan for Stonehaven development, Lennar, was pulled for separate consideration.
City Councilmember Bakken voiced opposition to the proposed pavilion given that the land is in conservation
easement.
The City Council discussed the proposal.
The City Council suggested the pavilion be built in common area and not on the conservation easement.
Councilmember Bakken moved, Councilmember Fields seconded a motion to deny the revised Open Space Plan for the
Stonehaven development to permit construction of a picnic pavilion in the southeast portion of the development site,
and direct City Attorney to prepare findings of fact for denial. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT — AN AMENDMENT TO CITY CODE CHAPTER 11, SECTION 11.66,
ADOPTING NEW FLOODPLAIN MANAGEMENT REQUIREMENTS INCLUDING UPDATED FEMA
FLOOD RATE INSURANCE MAPS AND FLOOD INSURANCE STUDY
City Administrator Hedges introduced the item regarding an amendment to Chapter 11 of the City Code by adopting
new flood insurance rate maps and national flood insurance program requirements. City Planner Ridley gave a staff
report.
There was a brief discussion by the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an amendment to City Code
Chapter 11 by adopting new flood insurance rate maps and national flood insurance program requirements and direct
the City Attorney to publish same in the legal newspaper. Aye: 5 Nay: 0
REQUEST TO REMOVE LOAD LIMIT RESTRICTIONS, NICOLS ROAD
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September 6, 2011
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(SILVER BELL ROAD TO BURNSVILLE)
CONTINUED FROM 8 -1 -11
City Administrator Hedges introduced the item regarding a request for removal of load limit restrictions on Nicols Road
and noted the request by Xcel to continue the consideration to the October 4, 2011 City Council meeting. Public Works
Director Colbert gave an overview and background on the item noting that negotiations are continuing and that
Burnsville is in agreement with Eagan that permanent primary access to Blackdog should go through Burnsville and not
Eagan.
Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of removing the
load limit restrictions on Nicols Road from Silver Bell Road to the Burnsville city limits to the October 4, 2011 City
Council meeting. Aye: 5 Nay: 0
NEW BUSINESS
CERTIFICATION OF THE PRELIMINARY 2012 BUDGET AND PROPERTY TAX LEVY AND
SETTING OF PUBLIC MEETING DATES ON WHICH THE BUDGET AND LEVY WILL BE
DISCUSSED
City Administrator Hedges discussed the preliminary 2012 budget and property tax levy which is proposed to be
2.9 percent lower than the 2011 levy. He noted that the next regularly scheduled meeting at which the levy and
budget will be discussed is the City Council meeting of Tuesday, December 6 at 6:30 p.m., in the Council
Chambers. The meeting at which the final levy and budget will be determined is the City Council meeting of
Tuesday, December 20 at 6:30 p.m. The public will have the opportunity to speak at these meetings.
The City Council discussed the proposed budget and levy.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the preliminary payable
2012 property tax levy as follows: Aye: 5 Nay: 0
Operating (tax capacity- based) $ 26,162,613
Deb service (tax capacity- based) 133,521
Community Center debt service (market value- based) 1,128,947
Tax levy $ 27,425,081
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the preliminary 2012
General Fund expenditure budget, including contingency of $28,040,000. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the public hearing of
the 2011 levy and budget as December 6 and the date for the final adoption of the 2012 levy and budget as
December 20. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT — JR'S AUTO
City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow four vehicles to park overnight
at JR's Auto, located at 3650 Kennebec Drive. City Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow
four vehicles to park overnight at JR's Auto, located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar
Industrial Park, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The outdoor storage shall be limited to the four vehicles as identified on the Site Plan received August 1, 2011.
3. Outdoor storage shall be limited to standard sized passenger vehicles that appear operable and are licensed and have
current tabs.
4. No additional outdoor storage shall be allowed.
5. No vehicles shall be parked overnight on public right of way.
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6. All signage is subject to City Code requirements and the applicant shall receive a sign permit prior to installation of new
signs.
7. The fire lane on the west side of the building shall be permanently striped "No Parking ".
8. Trash containers shall be located indoors or within an enclosure that meets City Code requirements no later than
November 1, 2011. A building permit is required to construct a trash enclosure.
CONDITIONAL USE PERMIT — SUBURBAN LANDSCAPE SERVICE
City Administrator Hedges introduced the item regarding a Conditional Use Permit for Suburban Landscape Service to
allow outdoor storage located at 3486 Dodd Road. City Planner Ridley gave a staff report.
The applicant was present to answer questions of the Council. The Council discussed the item.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow
outdoor storage of seven trucks, five trailers and two bobcats at Suburban Landscape Service, located at 3486 Dodd Road
legally described as parts of Lots 4 and 5, Loren Place, subject to the following conditions: Aye: 5 Nay: 0
1. This condition Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The applicant should provide a revised Site Plan with the correct parking stall size and parking setback, revised
handicap parking stall and 14 storage items appropriately delineated with 20 foot and 24 foot drive aisles no later than
November 1, 2011.
3. The outdoor storage shall be limited to the items upon and located in the outdoor storage area as identified on the Site
Plan received August 8, 2011 as revised.
4. The applicant should remove the existing gravel surface and replace it with vegetative ground cover as shown on the
approve Site Plan received August 8, 2011.
5. No additional outdoor storage shall be allowed.
6. Building identification numbers shall be installed consistent with City Code Section 2.78.
7. The parking areas shall be surfaced with bituminous asphalt.
8. Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If recycled bituminous asphalt is
used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material
to control dust and drainage. The first review will occur two years following approval of this permit. If the material is
determined to be inadequate, the City will require that it be replaced with bituminous asphalt.
9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage
areas.
10. All parking and storage areas shall be properly maintained to prevent deterioration.
11. All signage shall meet City Code requirements.
LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
City Attorney noted a Closed Session would be held to discuss labor negotiations.
CITY COUNCIL COMMENTS
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
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September 6, 2011
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Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:37 p.m.
Aye:5 Nay:0
Date
Mayor